4901:1-1-03
Duty to disclose tariffs.

(a)
An electric light company as defined by
division (A) (3) of section
4905.03 of the Revised
Code;

(b)
A gas company or a
natural gas company as defined by divisions (A) (4) and
(A) (5) of
section 4905.03 of the Revised Code
having more than five thousand customers; or

(c)
A water-works company or sewage disposal
system as defined by divisions (A) (7) and (A) (13) of section
4905.03 of the Revised Code
having more than five thousand customers.

(2)
"An applicant" is a person, partnership,
corporation, association, or organization which makes application or requests
electric, gas, water, or sewage service from a utility. An applicant includes
those persons or entities who are currently a customer and are seeking to
receive service at another or a new location and those persons or entities who
already receive one type of utility service (e.g., electric or water) and want
to receive another type of utility service (e.g., gas or sewer) at the same or
a different location.

(3)
"An
eligible customer" is a customer who, based on the information available to the
utility, may meet or may become able to meet the criteria or terms and
conditions of service of a particular tariff offering or rate schedule. For
example, if an electrical residential load management schedule were open to
electric residential customers with a monthly minimum demand of four kilowatt
hours, an eligible customer would be any residential customer regardless of his
or her historical monthly level of demand. Likewise, if a rate schedule were
available to any residential electric customer with an electric water heater,
all residential customers would be eligible customers. In these two examples,
all residential customers are eligible customers (although many of these
eligible customers may not actually qualify to receive service under these
tariffs) because they may meet or may become able to meet the criteria or terms
and conditions of service. However, if an industrial or commercial rate
schedule were changed or modified, residential customers would not be
considered as eligible customers.

(4)
"Disclose" means to inform by use of a
brief, one-to-four-sentence (more if necessary) message contained on a bill, on
a bill insert, or in a special mailing. A utility may supplement the disclosure
by a notice published in a newspaper or newspapers of general circulation in
the service territory of the utility. The disclosure must state:

(a)
That a new rate is available or that the
criteria or terms and conditions of an existing rate schedule have been
modified;

(b)
The nature of the new
rate schedule or the modification of the existing rate schedule;

(c)
That further information can be obtained
by calling or writing a specific telephone number or address.

(5)
"Changes in the criteria or
terms and conditions of service" includes all authorized modifications in a
particular tariff schedule or offering except for increases and decreases in
the base rate, emergency or excise tax surcharge, or the gas cost recovery
("GCR") rate.

(6)
"Explanation of
the rates, charges, and provisions applicable to the service furnished or
available" means a brief summary of the effective rates and the distinctive
character of service which distinguish this rate schedule from an alternative
one. The explanation may:

(a)
Include a
typical bill summary and a brief listing of the characteristics of the service
or criteria which must be met in order to qualify to receive service under this
schedule;

(b)
Be oral or written,
however, if the customer or applicant specifically requests a written
explanation, the utility must provide a written explanation.

(1)
Within ninety days after a new rate
schedule becomes effective, or within ninety days after modifications or
changes in the criteria or terms and conditions of service of an existing
tariff schedule or offering become effective, the utility shall disclose to the
eligible customers the availability of the new tariff schedule or the fact that
the criteria or terms and conditions of service of such an existing tariff have
changed. A copy of such notice shall be filed with the public utilities
commission prior to its distribution to customers.

(2)
Upon the request of any customer or
applicant, the utility shall provide an explanation of the rates, charges, and
provisions applicable to the service furnished or available to such customers
or applicant, and shall provide any information and assistance, such as the
availability of alternative tariff schedules, necessary to enable the customer
to obtain the most economical utility service conforming to his or her stated
needs. Nothing in this rule shall be construed so as to delay the prompt
initiation of service if requested by an applicant.